Honorable Charles J. Lieck, Jr.

CriminalDistrict Attorney Courthouse San Antonio, Texas OpinionNo. 

### WW-681
Re: Constitutionalityof Senate Bill No. 193, Acts 56th Legislature, Regular Session, 1959, Chapter 

### 27, Page 

### 52, relating to appointment and salariesof court reporters in certain Dear Mr. Lieck: counties.

You have requested an opinion on the constitutionality of Senate Bill No. 193, Acts 56th Legislature,Regular Session, 1959, Chapter 

### 27, Page 52,providing for the appointmentand salaries of court reporters In countieshavln not less than three hundred sixty thousand 

### (3 0,000 nor more 2 a population of
than sixhundred twelve thousand 

### (612,000), according to the 1950 Federal Census,as follows:

"Section 1. In all counties in the State of Texas having a population of not less than three hundred sixty thousand ( 60,000) nor more than six hundred twelve thousand ?612,000),according to the 1950 Federal Census, the Judge of each District Court, civil and criminal,and the Judge of each County Court at Law, civil or criminal, shall appoint an official shorthandreporter for such court. Such appointment shall be evidenced by an order entered on the minutes of each such court. Such appointment, when once made, shall continue in effect from year to year, unless otherwise ordered by the Judge of the Court in which such reporter serves. The compensationof such reporter shallbe not less thanr

.

Hon. Charles J. Lieck, Jr., page 2 

### (WW-681)

Seventy-fiveHundred Dollars ($7500.00)nor more than Eighty-five Hundred Dollars 

### ($8500.00) per annum; such compensation shall be determined, set, and allowed by the judge of such court or courts within suchminimum and maximum compensation authorizedhereby; in addition to compensation for transcript fees as provided by law;

. . ."
SenateBill No. 193, was enacted and is constitutional under the provisions of Section 1 of ArticleV of the cnnstltution of Texas,which provides in part:

"The judicialpower of this State shallbe vested in one Supreme Court, in Courts of Civil Appeals, in a Court of CriminalAppeals, in District Courts, In County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law. ,I

. . . "TheLegislaturemay establish such other courts as it may deem necessary and prescribe the jurisdictionand organizationthereof, and may conform the jurisdictionof the District and other inferior courts thereto."
In Tom Green Countyv. Proffitt, 195 S.W. 2d 

### 845 (Tex. Civ.App. 194b) the Court in ruling on a similarAct, Article 

### 2326,Vernon's'Civil Statutes,prescribing salaries for various court reporters,held in referring to Section 1, ArticleV of the Constitutionof Texas:

"Thisprovision has been construedas authorizing local or special laws affecting the functioning of the different courts throughout the,State:

"In so far as H.B. 

### 555relates to district court reporters it deals with stateemployees. In so far as itrelates to reporters of county courts at law itprovides as an incident for the functioning of courtswhich the Legislature createsunder express authority of Art. V, Sec. 1.".-

Hon. Charles J. Lieck, Jr.,page 3 

### (W-681)

In linewith the decision of the Texas Court of Civil Appeals In Tom Green Countyv. Proffitt,and Attorney General's Opinions R-2386 (1951) R-2459 (1951)holding that district court reportersare &te employees and that county court at law reporters may be regulatedunder the power which the Legislaturehas to create such courts,it is evident that Senate Bill 193, does not conflictwith Section 

### 56,Article III of the Constitutionof Texas, which provides among other things that the Legislature shallnot pass any local or special laws creating offices or prescribing duties of officers in counties, or regulating affairs of counties,unless some other section of the Constitutionauthorizes such an Act. Therefore, it Is our opinion that Senate Bill No. 193 is constitutional.

. SUMMARY
Senate Bill 193, Acts 

### 56thLegislature, Regular Session, 1959, Chapter 27, Page 52, regulating the appointment and salaries of district and county court at law reporters in countieshaving a population of not less than three hundred sixty thousand (360,000) nor more than six hundred twelve thousand (612,000),according to the 1950 Federal Census, is constitutionalunder Section 1 of ArticleV of the Constitutionof Texas, and does not conflictwith Section 

### 56 of Article III of the Texas Constitution.
Yours very truly,
WILL WILSON Attorney General of Texas 

# BY

John C. Steinberger Assistant JCS:rm:me
APPROVED:
OPINION COMMITTEE Gee. P. Blackburn, Chairman
Wallace Finfrock Linward Shivers Joseph G. Rollins, Jr. L. P. Lollar Robert 0. Scofield REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore